Sample Notice of Seizure and Information to Claimants CAFRA Form

Within 60 days of the seizure, a federal law enforcement agency must send any known claimant a “notice of seizure.” For seizures by United States Customs and Border Protection (CBP), the CBP FPF Office will send a CBP Letter (ATT 8-B: Revised November 2014) that is entitled the “NOTICE OF SEIZURE AND INFORMATION TO CLAIMANTS CAFRA FORM.”

CBP’s letter that acts as the notice of seizure is often sent CERTIFIED – RETURN RECEIPT REQUESTED USPS. For a CBP seizure at the airport alleging more than $10,000 in undeclared currency, the notice of seizure letter might provide:

Dear Sir/Madam:

This is to notify you that U.S. Customs and Border Protection (CBP) seized the property described below at the ______ aAIRPORT on [date].

$_______ US CURRENCY RETAINED

The appraised domestic value of the property is $______.

The property was seized and is subject to forfeiture under the provisions of:

• 31 USC 5317(c)(2), 31 USC 5316(a)(1)(A) – Failure/Inaccurate Report of Over $10,000 Out of the U.S.
• 31 USC 5317(c)(2), 31 USC 5324(c) – Structuring Transactions to Evade Reporting Requirements

The letter will allege that you failed to report or underreported currency being transported. Accordingly, CBP officer seized the $_____ USD for failure to fully and accurately report all currency and monetary instruments in excess of $10,000 USD value upon arriving or departing the United States.

The facts available to CBP indicate that you have an interest in the seized property. The purpose of this letter is to advise you of the options available to you concerning this seizure.

Two important documents – an “Election of Proceedings” form and a “Seized Asset Claim” form – are enclosed with this letter.

You must choose one of the options outlined below, indicate your choice on the “Election of Proceedings” form, and return it, and any other necessary documents, to CBP within the allotted time frame (see options below).

Your options are as follows:

1. Petition:

You may file a petition with this office within 30 days from the date of letter in accordance with Title 19, United States Code (U.S.C.), Section 1618 and Title 19, Code of Federal Regulations (C.F.R.), Sections 171.1 and 171.2 (19 C.F.R. §§ 171.1, 171.2), seeking the remission of the forfeiture. The petition does not need to be in any specific form, but it must describe the property involved, identify the date and place of the seizure, include all the facts and circumstances which you believe warrant relief from forfeiture and must include proof of your interest in or claim to the property. Examples of proof of interest include, but are not limited to, a car title, loan agreement, or documentation of the source of funds.

If you choose this option, you must check Box 1 on the “Election of Proceedings” form
.
By completing Box 1 on the “Election of Proceedings” form, you are requesting administrative processing. You are requesting that CBP refrain from beginning forfeiture proceedings while your petition is pending or that CBP halt forfeiture proceedings if they have already commenced.

If you choose to file an administrative petition and are dissatisfied with the petition decision (initial petition or supplemental petition), you will have an additional 60 days from the date of the initial petition decision, or 60 days from the date of the supplemental petition decision, or such other time as specified by the Fines, Penalties and Forfeitures Officer to file a claim to the property requesting a referral to the U.S. Attorney. If you do not act within these time frames, the property may be administratively forfeited to the United States. You may also request a referral to the U.S. Attorney at any point prior to the issuance of a petition decision by filing a claim.

Please see section 4 of this letter for information on how to request judicial action.

If you take such action after filing a petition for relief, your pending petition will be withdrawn from consideration.

If you request a referral to the U. S. Attorney or if another person asserting an interest in the same property chooses a referral to the U. S. Attorney, the matter will be referred to the U.S. Attorney
who will have the authority to file a forfeiture action against the property in federal court pursuant to Title 18, U.S.C., Section 983(a)(3) (19 U.S.C. § 983(a)(3)).

If upon receipt of your petition, the matter has already been referred to the U.S. Attorney’s Office for the institution of judicial forfeiture proceedings, your petition will be forwarded to the U.S. Attorney’s Office for consideration.

2. Offer in Compromise:

At any time prior to forfeiture, you may file an offer in compromise in accordance with 19 U.S.C. § 1617 and 19 C.F.R. §§ 161.5, 171.31. The offer must specifically state that you are making it under the provisions of 19 U.S.C. § 1617. If you are offering money in settlement of the case, you must include payment (bank draft, cashier’s check or certified check, drawn on a U.S. financial institution, and made payable to CBP) in the amount of your offer. CBP may only consider the amount of your offer and will return the full offer if it is rejected.

This option may serve to delay the case.

If you choose this option, you must check Box 2 on the “Election of Proceedings” form.

If you choose to submit an offer in compromise and are dissatisfied with the offer decision, you will have an additional 30 days from the date of the offer decision to file a claim requesting a referral for judicial action. If you do not act within the additional 30 days, the property may be forfeited to the United States.

You may also request a referral for judicial action at any point prior to the issuance of the offer decision by fully completing the enclosed “Seized Asset Claim” form or by otherwise submitting a complete judicial claim consistent with the requirements under 18 U.S.C. § 983(a)(2)(C). If you take such action, your petition or offer will be considered to have been withdrawn.

If, upon receipt of your offer, the matter has already been referred to the U.S. Attorney’s Office for the institution of judicial forfeiture proceedings, your offer will be forwarded to the U.S. Attorney’s Office for consideration as an offer in settlement of the judicial action, as appropriate.

3. Abandon:

You may abandon the property or state that you have no claim to or interest in it. If you choose this option, you should check Box 3 on the “Election of Proceedings” form. The Government may proceed with forfeiture proceedings or address claims from other parties concerning the property, without further involving you.

4. Court Action:

On or before 35 days after the date this notice of seizure is mailed, you may request referral of this matter to the U.S. Attorney, who will have the authority to file a forfeiture action against the property in federal court pursuant to 18 U.S.C. § 983(a)(3). If you choose this option, you should check Box 4 on the “Election of Proceedings” form , and fully complete the enclosed “Seized Asset Claim” form or otherwise submit a complete judicial claim as required by 18 U.S.C. § 983(a)(2)(C).

Take No Action:

If you choose to do nothing, this office may initiate forfeiture action.

The first notice will be posted on or about 35 days from the date of this letter. For property appraised in excess of $5,000, CBP will post notice of seizure and intent to forfeit
on the internet at www.forfeiture.gov for 30 consecutive days.

For property appraised at $5,000 or less, CBP will post a notice of seizure and intent to forfeit in a conspicuous place accessible to the public at the customhouse or Border Patrol sector office
(where appropriate) nearest the place of seizure as well as on the internet at www.forfeiture.gov and in for 30 consecutive days….

Holder of a Lien or Security Interest:

If you are a holder of a lien or security interest and you do not file a request for court action (option 4 above), you may avail yourself of any of the other enumerated options. No relief will be granted to you until after forfeiture, unless your petition, offer or request is accompanied by an agreement to hold the United States, its officers and employees harmless, and a release from the registered owner and/or person from whom the property was seized.

All accompanying documents must be in the English language or accompanied by an English language translation and submitted in duplicate.

No matter which box you check on the “Election of Proceedings” form, you should sign, date and return the form, along with any petition, offer in compromise, or request for judicial proceedings, if
those documents are necessary to support the option you choose.

A “Seized Asset Claim” form should only be completed, signed, and returned if you make a claim and ask for the case to be referred for judicial forfeiture. Important: If these forms are not enclosed with this letter, please promptly call the telephone number below.

All correspondence should be addressed to U.S. Customs and Border Protection, U.S. CBP FPF OFFICE, _______________.

If further information is required, contact __________ at Fines, Penalties and Forfeitures Office at __________ or __________.

All inquiries should reference the case number.

Sincerely,

_____________
Fines, Penalties and Forfeitures Officer

Enclosures:
CAFRA Election of Proceedings
CAFRA Seized Asset Claim Form

A FALSE STATEMENT OR CLAIM MAY SUBJECT A PERSON TO
PROSECUTION UNDER 18 U.S.C. § 1001 AND/OR 18 U.S.C. § 1621, AND MAYBE
PUNISHABLE BY A FINE AND IMPRISONMENT

ELECTION OF PROCEEDINGS – CAFRA FORM

NOTE: READ THE ATTACHED NOTICE OF SEIZURE AND INFORMATION FOR CLAIMANTS BEFORE YOU FILL OUT THIS FORM.

THIS FORM SHOULD BE COMPLETED AND RETURNED TO U.S. CUSTOMS AND BORDER PROTECTION (CBP) at U.S. CBP FPF OFFICE, ________________.

I understand that property in which I have an interest has been seized by CBP/U.S. Immigration and Customs Enforcement (ICE) under case number

Check ONLY ONE (1) of the following choices:

1. I REQUEST THAT CBP CONSIDER MY PETITION ADMINISTRATIVELY BEFORE FORFEITURE PROCEEDINGS ARE INITIATED.

My petition is attached. By making this request, I understand that I can request, in writing, that my case be referred for judicial forfeiture proceedings at any time prior to the completion of the administrative forfeiture proceedings or as set forth in the notice of seizure. If I choose to wait for an administrative decision on my petition, my deadline for filing a claim as required by 18 U.S.C. § 983(a)(2)(B) is 60 days from the date of the petition decision; or, if I choose to file a supplemental petition, my deadline for filing a claim as required by 18 U.S.C. § 983(a) (2)(B) is 60 days from the date of the supplemental petition decision. If I file a complete “Seized Asset Claim” form or other claim consistent with the requirements of 18 U.S.C. § 983(a)(2)(C), CBP consideration of my petition will stop and the case will be sent to the United States Attorney’s Office for judicial forfeiture proceedings.

2. I REQUEST THAT CBP CONSIDER MY OFFER IN COMPROMISE ADMINISTRATIVELY BEFORE FORFEITURE PROCEEDINGS ARE INITIATED.

My offer is attached. By making this request, I understand that I can request, in writing, that my case be referred for judicial forfeiture proceedings at any time prior to the completion of the administrative forfeiture proceedings or as set forth in the notice of seizure. If I choose to wait for an administrative decision on my offer, my deadline for filing a claim is 30 days from the date of the decision. If I file a complete “Seized Asset Claim” form or other claim consistent with the requirements of 18 U.S.C. § 983(a)(2)(C), CBP consideration of my offer will stop and the case will be sent for judicial forfeiture proceedings.

3. I ABANDON ANY CLAIM OR INTEREST I MAY HAVE IN THE PROPERTY.

I understand that no additional notice about future proceedings concerning the property will be provided to me.

4. I AM FILING A CLAIM AND REQUESTING THAT CBP REFER THE CASE FOR COURT ACTION

Please send the case to the U.S. Attorney for court action. I have fully completed, signed and attached a “Seized Asset Claim” form. I understand that if I have not fully completed this form, or otherwise made a proper claim and request for judicial forfeiture pursuant to 18 U.S.C. § 983(a)(2)(C) within 35 days after the date the notice of seizure was mailed, CBP will treat any submission as a petition for relief without the ability to seek future judicial forfeiture proceedings.

________________________ _________________________
Name (Print) Date
_________________________
Signature

U.S. CUSTOMS AND BORDER PROTECTION
CAFRA SEIZED ASSET CLAIM FORM

Name: _____________________________
Case Number:
Address: ___________________________
Telephone No: (___)______________
___________________________________
___________________________________

IMPORTANT: BE SURE TO COMPLETE ALL PARTS BELOW. THIS CLAIM FORM MUST BE SIGNED BY THE CLAIMANT HIS OR HER SELF, NOT BY THE ATTORNEY OR OTHER REPRESENTATIVE ACTING ON BEHALF OF THE CLAIMANT.

As authorized by 18 U.S.C. § 983(a)(2)(A), I request that the Government file a complaint for forfeiture on the seized property described below:

PART I

List all the items in which you claim an interest. Include sufficient information to identify the items, such as serial numbers, make and model numbers, aircraft tail numbers, photographs, and so forth. Attach additional sheets of paper if more space is needed.

PART II

State your interest in each item of property listed above. Attach additional sheets of paper if more space is needed.

PART III (ATTESTATION AND OATH)

I attest and declare under penalty of perjury that the information provided in support of my claim is true and correct to the best of my knowledge and belief.

________________________

_________________________
Name (Print) Date
_________________________
Signature

A FALSE STATEMENT OR CLAIM MAY SUBJECT A PERSON TO
PROSECUTION UNDER 18 U.S.C. § 1001 AND/OR 1621 AND IS PUNISHABLE
BY A FINE AND UP TO FIVE YEARS IMPRISONMENT